TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.nouveaulashes.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

www.nouveaulashes.com is a site operated by Nouveau Lashes Limited (“We“). We are registered in England and Wales under company number 05165209 and have our registered office at Nouveau House, Barnsley Road, South Elmsall, Pontefract, West Yorkshire, WF9 2HR. This address is also our main trading address. Our VAT number is 873 6065 05.

We are a limited company.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by the Nouveau Lashes Limited and its licensor’s.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. This applies to any offers advertised on our site or other associated Nouveau Lashes hostings. We reserve the right to amend or cancel any proposed offers at any time without notice.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, associated companies (High Definition Brows Limited and Nouveau Beauty Group Limited) and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:loss of income or revenue;
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of goodwill
wasted management or office time; andfor any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, a trojan horse, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@nouveaulashes.com

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

TERMS AND CONDITIONS FOR TELEPHONE AND ONLINE SHOP SALES

What these terms cover. These are the terms and conditions on which we supply products to you.

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Who we are. We are Nouveau Lashes Limited, a limited company registered in England and Wales. Our company registration number is 05165209 and our registered office is at Nouveau House, Barnsley Road, South Elmsall, Pontefract, West Yorkshire WF9 2HR. Our registered VAT number is 873 6065 05.

How to contact us. You can contact us by telephoning our customer service team on 01977 655620 or by writing to us at info@nouveaulashes.com or by post to Nouveau House, Barnsley Road, South Elmsall, Pontefract, West Yorkshire WF9 2HR.

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

How we will accept your order. Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

Delivery costs. The costs of delivery will be as displayed to you on our website or detailed by the sales person according to your chosen delivery method.

When we will provide the products. We try to ensure that orders which are placed before 2 pm Monday to Friday will be dispatched to you on the same day, using the delivery method chosen by you when you placed your order, although this cannot always be guaranteed. Orders which are placed after 2 pm may be dispatched to you on the same day or on the following day, depending on the number of orders we have received on that day. If you place an order before 2 pm and we cannot dispatch it on the same day for any reason, we will contact you to let you know. Please note that we do not dispatch orders at weekends, therefore orders placed after 2pm on a Friday may be dispatched the same day or the following Monday.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

We cannot guarantee delivery dates. Any reference to a delivery schedule such as Next Day or 48 Hour is for your information and is the usual time it will take for you to receive your order. This delivery schedule may be affected by a number of outside influences such as breakdowns, inclement weather, road and rail closures and any other force majeure. If your order is urgent or business critical in any way, we suggest collection in person or arrange your own courier.

Collection by you. If you have asked to collect the products from our premises, you can collect them any time during our working hours of 8:30 am to 5 pm on weekdays (excluding public holidays). Please note that a limited stock is carried at our HQ shop so we recommend placing an order in advance.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave a note detailing whether the package will be redelivered or whether it will need collecting from a local depot or office.

If you do not re-arrange delivery. If you do not collect the products or if, after a failed delivery, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract

Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as terminated straight away if any of the following apply:

We have refused to deliver the products

Delivery within the delivery deadline was essential (taking into account all the relevant circumstances)

You told us before we accepted your order that delivery within the delivery deadline was essential

Setting a new deadline for delivery. If you do not wish to terminate the contract straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

Ending the contract for late delivery. If you do choose to terminate the contract for late delivery, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting), allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01977 655620 or email us at info@nouveaulashes.com for a return label or to arrange collection.

When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us, or you or your representative collect it from us. Please note that if a package is signed for, the contract will state that the goods were received in good condition. If the package looks damaged then you must inspect the contents before accepting it. If the products are damaged then you have the option of refusing the package or signing the delivery form with “Goods Damaged”

When do you own the products? You own a product once we have received payment in full.

What will happen if you do not give correct information to us. We may need certain information from you so that we can supply the products to you, and where this is the case you will be asked to provide it when placing your order. Your order cannot be processed without this information, and if you give us incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you giving us incorrect information when you place your order.

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

What if what you have bought is faulty, damaged or not as described?, You may have a legal right to end the contract (or to get the product repaired or replaced, or to get some or all of your money back),

If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

That we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

That there is a risk that supply of the products may be significantly delayed because of events outside our control;

We have suspended supply of the products for technical reasons, or notified you that we are going to suspend them for technical reasons, In each case for a period of more than 2 days

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms

When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once the seals have been broken or any products which become mixed inseparably with other items after their delivery

How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods

How to tell us you want to end the contract. To end the contract with us, please let us know by telephone or email. Call customer services on 01977 655620 or email us at info@nouveaulashes.com. Please provide your name, home address, your order number, details of the order and, where available, your phone number and email address. Alternatively, you can complete the form on our website or inform us in writing by post. An email will be deemed to be received once you have received a reply to confirm it. If you do not receive a reply, please telephone to request one.

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01977 655620 or email us at info@nouveaulashes.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract

When we will pay the costs of return. We will pay the costs of return if the products are faulty or not as described or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong

In all other circumstances you must pay the costs of return

What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection.

How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.

Deductions from refunds. If you are exercising your right to change your mind. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would cause them to deteriorate or become damaged.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, and we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product

Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights

Your obligation to return rejected products. If you wish to exercise your legal right to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01977 655620 or email us at info@nouveaulashes.com for a return label or to arrange collection

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you

When you must pay and how you must pay. We accept payment by all major debit and credit cards with the exception of American Express. You must pay for the products when you place your order

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process

Nouveau Lashes and LVL professional products are for sale to suitably trained technicians only. They are not supplied with instructions for home use or by technicians who have not received adequate training and must be used in accordance with the relevant training manual. For this reason, it is prohibited for Nouveau Lashes customers to resell professional products on the open market. NLL reserve the right to restrict or close the account of any customer found to be reselling professional products on the open market and point out that should any problem occur as a result of improper use of these products, then it would be the seller, rather than NLL who would bear the responsibility for the product and the seller should ensure they have adequate liability insurance to cover every eventuality.

How we will use your personal information. We will use the personal information you provide to us to supply the products to you, to process your payment for the products and if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us

We will only give your personal information to third parties where the law requires us to do so. We will not share or sell your information with any other party unless we are legally obliged to do so.

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms

If a court finds any individual part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any part is unlawful, the remaining paragraphs will remain in full force and effect

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts